Inadmissible petitions

Inadmissible petitions

 

1. The following petitions submitted to the Ukrainian Parliament Commissioner for Human Rights (hereinafter referred to as ‘the Commissioner’) are inadmissible:

• submitted beyond the expiration of the one year period after disclosure of the acts of violation of human and citizens’ rights and freedoms (in exceptional cases this period may be extended by the Commissioner but should not exceed two years).

• which are tried in the court (the Commissioner terminates his or her proceedings if the petitioner filed a suit, a petition or a complaint in the court. However, the Commissioner may consider complaints on acts or omissions of judges that violate the at-trial procedure).

• that fall under criminal and civil procedure, labour and protection of economic competition legislation as well as the Laws of Ukraine ‘On judiciary and status of judges’ and ‘On access to court decisions’, the Code of Administrative Procedure of Ukraine.

• which does not contain information on the petitioner’s place of residence, are not signed by the petitioner(s), as well as petitions whose author(s) cannot be identified (such applications are recognized as anonymous).

• if issues raised in the petition cannot be dealt with within the competence of the Commissioner.

• if consideration of the petition falls under the competence of another authority or official (for example, requests for explanation of a court decision, initiation of a criminal case).

• if the petitioner complains about action or omission of private persons that do not perform public functions.

2. The Commissioner shall not consider petitions and give advice:

• on a dispute between private persons, unless the person is a victim of discrimination.

• in cases when between the same parties and on the same subject there is a court decision that entered into force.

• if the person has not used available and effective remedies to protect his or her rights (for example, if a person has the right to appeal against the decision to a higher authority or a higher court or has an opportunity to submit his or her objections or comments).

3. The Commissioner shall not consider a duplicative petition from the same person and on the same matter, if the first one was dealt with on the merits.

4. The Commissioner shall not consider petitions submitted directly by persons adjudged incapable.

5. The Commissioner shall not consider petitions submitted by e-mail if they are sent as an attachment to the email message. In this case the applicant is required to come to the Secretariat of the Commissioner and sign such a petition.

6. The Commissioner shall not review the legality and sufficiency of procedural decisions of public prosecutors and pre-trial investigation authorities. However, he or she considers petitions against public prosecutors and pre-trial investigation authorities that violate human rights and freedoms and fall under the competence of the Commissioner.

7. The Commissioner shall not review the legality and sufficiency of court decisions, shall not reverse and change them.

8. The Commissioner shall terminate consideration of the petition if the petitioner refuses to undertake measures advised by the Commissioner.

If the petition does not contain data necessary for an authority or an official to adopt a well-founded decision, it is returned to the petitioner with appropriate explanations. This does not prevent the person from filing a petition to the Commissioner after elimination of deficiencies.

Submission of a petition that contains libel and insults, discrediting of state and local authorities, associations of citizens and their officials, leadership and other officers, as well calls for incitement of ethnic, racial and religious hatred and other acts entails liability foreseen by the legislation in force.